Law And Fault Flashcards
What is fault
responsibility, culpability or blame” for something wrong.
How is fault seen in negligence (breach)
If D fell below the standard of a reasonable man with their special skill, they will be seen to be at fault, e.g. Bolton v Stone the defendants were found not liable as they had erected a 17 foot high fence around the cricket pitch, so were not at fault as they had taken all reasonable steps to avoid passers by being hit.
How is fault seen In damages
then the amount of damages will usually reflect the degree of fault. However, occasionally exemplary damages can be awarded where the fault is considered to be so bad that the defendant is ordered to pay increased damages
How is fault seen In contributory negligence
If C contributes to their loss or injury, their damages will be reduced accordingly to reflect their blame or fault as stated in the Law Reform consultation act 1945
How is fault seen in vicarious liability
It shifts the fault from the employee to the employer
How is fault seen in nuisance
Nuisance is not a fault based tort in the way that negligence is because the claimant does not have to show why the defendant interfered with the use of his/her land. However, the claimant must show that the use of the interference with his/her use of the land was unreasonable so fault is arguably still relevant.
How is fault seen in Rylands V Fletcher
Can be considered to be a ‘no fault’ or ‘limited fault’ tort as provided D satisfies the 5 criteria laid down in Rylands v Fletcher he/she will be liable and none of these criteria require fault – even if the defendant has taken all reasonable steps to avoid the substance from escaping, he/she may still be liable.
OLA 57 and fault
s.2 (2) OLA 1957 states that lawful visitors are owed a “duty to ensure that the visitor is reasonably safe for the purpose which he is invited to be on the premises.”
However, the level of care the defendant has to take to ensure the visitor’s safety varies depending on the type of visitor – e.g. if a tradesperson injures themselves on a property, then the occupier may not be held at fault for their injuries if the injury was related to a risk the claimant should have guarded themselves against due to their professional knowledge.
